Daniel McMillan v. Calvin D. Norton

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 9, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-15304
Non-Argument Calendar
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D. C. Docket No. 06-00047-CV-HL-7
DANIEL MCMILLAN,
Petitioner-Appellant,
versus
CALVIN D. NORTON,
Warden,
Respondent-Appellee,
BRIAN OWENS,
Commissioner, Georgia
Department of Corrections,
Intervenor-Defendant-
Appellee.

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Appeal from the United States District Court
for the Middle District of Georgia
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(August 9, 2010)
Before TJOFLAT, EDMONDSON and MARTIN, Circuit Judges.
PER CURIAM:
Daniel McMillan, a state prisoner proceeding pro se, appeals the district
court’s denial of his petition for a writ of habeas corpus in which he seeks relief
from his state court convictions in Georgia for child molestation, statutory rape,
and incest. We granted a certificate of appealability (“COA”) on two issues:
(1) Whether the district court violated Clisby v. Jones, 960 F.2d
925, 936 (11th Cir. 1992) (en banc), by failing to address McMillan’s
claim that his trial counsel was ineffective for failing to challenge the
validity of the indictment; and
(2) Whether the district court violated Clisby by failing to address
McMillan's claim that his trial counsel was ineffective for failing to
object to hearsay testimony by the victim's cousin, “Vickie.”
In his opening brief on appeal, McMillan does not address these Clisby
issues. We therefore deem them abandoned. See Atkins v. Singletary, 965 F.2d
952, 955 n.1 (11th Cir. 1992). As for the issues he has briefed, we do not consider
them, for the scope of our review is limited to the issues specified in the COA,
Murray v. United States, 145 F.3d 1249, 1250-51 (11th Cir. 1998). The district
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court’s judgment is, accordingly,
AFFIRMED.
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